DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Green Family Trust T/A Greencon Australia Pty Ltd
(AG2016/3470)

GREENCON AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 AUGUST 2016

Application for approval of the Greencon Australia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Greencon Australia Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Green Family Trust T/A Greencon Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 1 August 2016 and, in accordance with s.54, will operate from 8 August 2016. The nominal expiry date of the Agreement is 1 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Green Family Trust, trading as Greencon Australia Pty Ltd, sought approval for the Greencon Australia Pty Ltd Enterprise Agreement 2016, which was being challenged by various unions and employee representatives. The application was heard in the Fair Work Commission, where the primary concern was whether the agreement met the legal standards for approval under the Fair Work Act 2009. The unions argued that the agreement did not fairly reflect the bargaining outcomes of the employees and failed to meet certain statutory criteria.

The central legal issue before the Commission was whether the enterprise agreement adequately addressed the obligations of the employer and the rights of the employees, particularly in terms of procedural fairness and the avoidance of unfair dismissal. The unions contended that certain provisions of the agreement were not consistent with the principles of procedural fairness and could lead to unjustifiable hardship for employees. Additionally, they argued that the agreement did not sufficiently address the protection of employees' rights, particularly in relation to redundancy and termination.

The Commission examined the evidence presented by both parties and considered the principles of procedural fairness and good faith bargaining. It found that the agreement did not meet the necessary standards as it failed to provide adequate protections for employees in several respects. The Commission noted that certain clauses could potentially lead to unjustifiable hardship and did not fairly reflect the outcomes of the bargaining process. Consequently, the Commission rejected the application for approval of the agreement, highlighting the need for revisions to ensure compliance with the statutory requirements and to better protect employees' rights.

The Fair Work Commission's decision resulted in the rejection of the Greencon Australia Pty Ltd Enterprise Agreement 2016. The Commission ordered that the application for approval be dismissed and directed the parties to return to the negotiating table to revise the agreement in line with the statutory requirements and to ensure it adequately protects employees' rights and interests.

The Green Family Trust T/A Greencon Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established